H-724 _______________________________________________
HOUSE BILL NO. 1041
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives Baugher, Inslee, Dellwo, Todd, Rayburn, Crane, Zellinsky, Jones, Nelson, Grant, Gallagher, R. King, Hine, Sayan, Padden, Walker, Ballard, Silver, May, Brooks, McLean, Dorn, Fuhrman, S. Wilson, Smith, Sprenkle, Jesernig, Winsley, P. King, R. Meyers, Brough, Chandler, Schoon, Rector, Wineberry, Patrick, Jacobsen, Kremen, BS Van Luven, D. Sommers, Betrozoff, Schmidt, Rasmussen, K. Wilson and Spanel
Read first time 1/11/89 and referred to Committee on Financial Institutions & Insurance.
AN ACT Relating to penalties for operation of a motor vehicle without insurance; amending RCW 46.52.030, 46.61.020, and 46.61.021; adding a new chapter to Title 46 RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090.
(2) A violation of this section constitutes a traffic infraction punishable by a fine of fifty dollars. Second and subsequent violations of this section are punishable by a fine of two hundred fifty dollars.
NEW SECTION. Sec. 2. (1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with an identification card indicating at least the insurer's name, vehicle(s) insured under the policy, and the name(s) of the policyholder. At the policyholder's request, the insurer shall provide the policyholder a card for each vehicle covered under the policy and a card for each person named as a driver under the policy.
(2) Whenever a person complies with the provisions of section 1 of this act through self-insurance, certificate of deposit, or bond, the department of licensing shall require the self-insurer, deposit holder, or surety company to issue an identification card in accordance with rules adopted by the department.
NEW SECTION. Sec. 3. Whenever a person operates a motor vehicle subject to registration under chapter 46.16 RCW, the person shall have in his or her possession an identification card of the type specified in section 2 of this act and shall display the card upon demand to a law enforcement officer.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act do not apply to motor vehicles registered with the Washington utilities and transportation commission as common or contract carriers.
NEW SECTION. Sec. 5. RCW 46.29.490 does not govern a motor vehicle liability policy other than a policy required for proof of financial responsibility for the future.
Sec. 6. Section 2, chapter 11, Laws of 1979 as last amended by section 1, chapter 30, Laws of 1981 and RCW 46.52.030 are each amended to read as follows:
(1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extent of three hundred dollars or more, shall, within twenty-four hours after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns.
(2) If such accident was not investigated by a law enforcement officer, the original of such report shall be immediately forwarded by the authority receiving such report to the chief of the Washington state patrol at Olympia, Washington, and the second copy of such report to be forwarded to the department of licensing at Olympia, Washington.
(3) If such accident was investigated by a law enforcement officer, the original of each driver's report required by subsection (1) of this section shall be retained by the local law enforcement agency where the accident occurred, and the second copy shall be forwarded to the department of licensing at Olympia, Washington.
(4) Any law enforcement officer who investigates an accident for which a driver's report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 46.52.070.
(5) The
chief of the Washington state patrol may require any driver of any vehicle
involved in an accident, of which report must be made as provided in this
section, to file supplemental reports whenever the original report in his
opinion is insufficient, and may likewise require witnesses of any such
accident to render reports. For this purpose, the chief of the Washington
state patrol shall prepare and, upon request, supply to any police department,
coroner, sheriff, and any other suitable agency or individual, sample forms of
accident reports required hereunder, which reports shall be upon a form devised
by the chief of the Washington state patrol and shall call for sufficiently
detailed information to disclose all material facts with reference to the
accident to be reported thereon, including the location, the cause, the
conditions then existing, ((and)) the persons and vehicles involved, the
insurance information required under section 2 of this act, personal injury
or death, if any, the amounts of property damage claimed, the total number of
vehicles involved, whether the vehicles were legally parked, legally standing,
or moving, and whether such vehicles were occupied at the time of the
accident. Every required accident report shall be made on a form prescribed by
the chief of the Washington state patrol and each authority charged with the
duty of receiving such reports shall provide sufficient report forms in
compliance with the form devised. The report forms shall be designated so as
to provide that a copy may be retained by the reporting person.
Sec. 7. Section 46.56.190, chapter 12, Laws of 1961 as amended by section 65, chapter 32, Laws of 1967 and RCW 46.61.020 are each amended to read as follows:
It ((shall
be)) is unlawful for any person while operating or in charge of any
vehicle to refuse when requested by a police officer to give his name and address
and the name and address of the owner of such vehicle, or for such person to
give a false name and address, and it ((shall)) is likewise ((be))
unlawful for any such person to refuse or neglect to stop when signaled to stop
by any police officer or to refuse upon demand of such police officer to
produce his certificate of license registration of such vehicle, his
insurance identification card, or his vehicle driver's license or to refuse
to permit such officer to take any such license, card, or certificate
for the purpose of examination thereof or to refuse to permit the examination
of any equipment of such vehicle or the weighing of such vehicle or to refuse
or neglect to produce the certificate of license registration of such vehicle,
insurance card, or his vehicle driver's license when requested by any
court. Any police officer shall on request produce evidence of his
authorization as such.
Sec. 8. Section 4, chapter 136, Laws of 1979 ex. sess. and RCW 46.61.021 are each amended to read as follows:
(1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.
(2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction.
(3) Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of infraction.
NEW SECTION. Sec. 9. The director of licensing shall compile records on uninsured motorists and file a report with the legislature after accumulating data for twelve months after the effective date of this act.
NEW SECTION. Sec. 10. Sections 1 through 5 of this act shall constitute a new chapter in Title 46 RCW.
NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 12. This act shall take effect January 1, 1990. The director of the department of licensing may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.